The URL can be used to link to this page

Home My WebLink AboutMINUTES - 05172005 - C8 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District 1( FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: May 17,2005 SUBJECT: Adopt the Resolution approving the conveyance of a utility easement to Pacific Gas & Electric Company for the relocation of their facilities located in DA 52D Detention Basin to the future Laurel Road Right of Way within the basin. Oakley Area. District V. Project No. FCP 636-04 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROtNI)AND JUSTIFICATION Recommended Action: A. APPROVE the conveyance of a utility easement from the Contra Costa County Flood Control & Water Preservation District (District), pursuant to Government Code § 25526.6, and AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easement on behalf of the District. B. ADOPT the Resolution approving the conveyance of a utility easement from the District to Pacific Gas and Electric Company in connection with the relocation of their facilities in Detention Basin DA 52D to the future Laurel Road Right of Way within the assn. C. DIRECT the Real Property Division to cause said Grant of Easement to be delivered to he Grantee for acceptance and recording. Financial Impact: None Continued on Attachment: X SIGNATU'-_.� COMMENDATION OF COUNTY AFMIT FE TOR RECOMMENDATION OF BOARD CO z,AfPROVE OTHER SIGNATURE(S): 17r-00;6�� ACTION OFON MAY 173 2005 APPROVED AS RECOMMENDED XX OTHER VOTE OF SU RVISORS XX UNANIMOUS(ABSENT NONE ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. CP:eh G:1GrpDatalRealProp\2005-Files\BOs&Reso1130 PGE DA 52D.doc ATTESTED: MAY 17,2 2005 JOHN SWEETEN,Clerk of the Board of Orig.Div. Public Works(R/P) Supervisors and County Administrator Contact:C. Peccianti(313-2222) Recording to be completed by PG&E By ,Deputy cc: Auditor-Controller(via R/P) P.W.Accounting T.Torres,Env.Services C.Standafer,Flood Control Grantee(via R/P) Recorder(via R/P) Board Orders Clerk Specialist,Adm. s SUBJECT: Adopt the resolution approving the conveyance of an easement to Pacific Gas & Electric Company for the relocation of their facilities located in DA 52D Detention Basin to the future Laurel Road Right of Way within the basin. DATE: May 17,2005 PAGE: 2 Reasons for Recommendations and Background: The Board previously approved a Negative Declaration for the activity. The Negative Declaration was filed on July 30, 1993. Diablo Water District requires Pacific Gas and Electric Company to relocate their facilities in Detention Basin DA 52D in order to install Diablo Water District's water line which will serve the Cypress Grove Project and Cypress Lakes Project that are located north of the basin. Once the relocation has taken place PG&E will quitclaim to the District the abandoned easement rights in DA 52D Detention Basin. Consequences of Negative Action: Diablo Water District will not be able to provide water to the developments. THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on May 17, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAUINIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2005/297 Deerings Water Code,Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 64-31 Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 2005/ 297 approving the conveyance of a utility easement to Pacific Gas&Electric Company for the relocation of their facilities located in DA 52D Detention Basin to the future Laurel Road Right of Way within the basin. Oakley Area. District V. Project No. FCP 636-04 The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: The Board previously APPROVED a Negative Declaration for the activity. The Negative Declaration was filed on July 30, 1993. Contra Costa County Flood Control and Water Conservation District(District)acquired certain real property by deed recorded on April 10, 1990, in Book 15779 at page 136 in the Oakley area, for flood control purposes, commonly known as Laurel Road Detention Basin DA 52D. Diablo Water District(DWD),on behalf of Pacific Gas &Electric Company(PG&E),has requested an easement over a portion of said property described in Exhibit"A", attached hereto, for the relocation of PG&E's facilities to the future Laurel Road Right of Way within the basin,to accommodate DWD's new water line. This Board FINDS that the conveyance of such utility easement is in the public interest and will not substantially conflict or interfere with the District's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of a utility easement to PG&E over the property described in Exhibit"A",attached hereto,pursuant to the above-referenced statutory authorities,and the Chair,Board of Supervisors, is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. CP:eh G:\GrpData\RealProp\2005-Files\BOs&Reso\BR27A PG&E DA 52D.doc I hereby certify that this is a true and correct copy of an action taken and entered on the Orig.Dept.: Public Works(R/P) minutes of the Board of Supervisors on the Contact: C.Peccianti (313-2222) date shown. cc: Public Works Accounting Public Works Records ATTESTED: MAY 179 2005 T.Torres,Environmental Services C.Standafer,Flood Control JOHN SWEETEN,Clerk of the Board of Grantee(via R/P) Supervisors and Cou d inistrator Recorder(via R/P) Community Development Dept. By ,Deputy Board Order Clerk Specialist,Adm. RESOLUTION NO. 2005/ 297 EXHIBIT"A" Description of pole line route Beginning at a point in the westerly boundary line of Parcel D as shown upon the Parcel Map filed for record April 19, 1972 in Book 21 of Parcel Maps at page 38, Contra Costa County Records, and running thence 1) north 81'3 V east approximately 66 feet to a point which bears north 88°24'32" east 746.00 feet distant from the found standard street monument,which monument marks the southerly terminus of a course,which course has a bearing of north 00°31'54" east and a distance of 13 8.50 feet as shown upon the map of Subdivision 5946, filed for record October 24, 1986 in Book 307 of Maps at page 49, Contra Costa County Records; thence 2) north 70'12' east 409.49 feet; thence 3) north 40'13' east approximately 103 feet to a point in the northeasterly boundary line of said Parcel D. The foregoing description is based on a survey made by PG&E in September, 2004. The bearings used are based on said Subdivision Map filed October 24, 1986. 62-3111(REV.1-90) RECORDING REQUESTED BY AND RETURN TO: PA CIRC GAS AND ELECTRIC COMPANY Land Department 3480 Buskirk Ave., Suite 150 Pleasant Hill, CA 94523 Location:City/Uninc Recording Fee Document Transfer Tax$ This is a conveyance where the consideration and value is less than$100.00(R&T 11911) Computed on Full Value of Property Conveyed,or Computed on Full Value Less Liens&Encumbrances Remaining at Time of Sale. Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) FASEMENT CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT., a public body of the State of California, hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC CON2ANY, a California corporation, hereinafter called second party, the right from to time to construct, reconstruct, install, inspect, ma-M'La1r4 dace, remove, and use facilities of the type hereinafter specified together with a right of way therefor, within a strip or parcel of land or along a route as hereinafter set forth*-,, and also ingress thereto and egress therefrom, over and across the lands situate M* the unincorporated area of the County of Contra Costa, State of California, described as follows: (APN 033-160-0204) Parcel"D" as shown upon the Parcel Map filed for record April 19, 1972 in Book 21 of Parcel Maps at page 3 8, Contra Costa County Records Said facilities shall consist of: Such poles, aerial wires, cables, electrical conductors with associated crossanns, braces, transformers, anchors, guy wires and cables, fixtures, and appurtenances, as second party deems necessary located along the route described and shown as follows. FOR COMPLETE LEGAL DESCRIPTION SEE EXHIBIT "A" E.*MIBIT "B'", ATTACHED HERETO AND 14ADE A PART HEREOF The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Pacific Gas and Electric Company pursuant to Section 8730 (c)of the Business and Professions Code. 62-3448("V.1-90) SHEET A Second party shall also have the right to trim and clear away or otherwise control any trees or brush on said strip or said parcel of land or along said route, as hereinbefore set forth,whenever considered necessary for the complete enjoyment of the rights hereby granted. First party shall not erect or construct any building or other structure or drill or operate any well under or within 10.0 feet of the center line of second party's electrical conductors or along said route. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated MAY 171 )20 05 CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT - —�..�B B 62-4202 Notary(General)Rev.6/94 STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER SS. COUNTY OF I []Individual(s)Signing For Oneself/Themselves On before me,the undersigned,a Notary Public for said State,personally Cap"e Office�s)ofthe Above Nwned CorpormkxKs) appeared Guardian of the Above Named Individual(s) personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person(s)whose J Partncqs)of the Above Named Partnership(s) names)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their sipature(s)on the instrument the person(s),or ]Attorneys)-in-Fact of the Above Named Principal(s) the entity upon behalf of which the person(s)acted,executed the instrument. ]Trustee(s)of the Above Named Trust(s) WITNESS my hand and official seal. Other Signature STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On MAY 17, 2005fore me, EMY L. SHARP Deputy Clerk of the Board of Supervisors, Contra Costa County,personally appeared SUP- GAYU B. 11IT, who is personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. By: (Seal) /Deputy Clerk r ' EXHIBIT "A" M Description of pole line route Beginning at a point in the westerly boundary line of Parcel D as shown upon the Parcel Map filed for record April 19, 1972 in Book 21 of Parcel Maps at page 38, Contra Costa County Records, and running thence 1) north 81'3 1' east approximately 66 feet to a point which bears north 88°24'32" east 746.00 feet distant from the found standard street monument,which monument marks the southerly terminus of a course, which course has a bearing of north 00°31'54" east and a distance of 138.50 feet as shown upon the map of Subdivision 5946, filed for record October 24, 1986 in Book 307 of Maps at page 49, Contra Costa County Records; thence r 2) north 70'12' east 409.49 feet; thence 3) north 40'13 5 east approximately 103 feet to a point in the northeasterly boundary line of said Parcel D. The foregoing description is based on a survey made by PG&E in September, 2004. The bearings used are based on said Subdivision Map filed October 24, 1986. U, yl CD 0 C.) O t� �v� Z W � Z ro t'� v�Z O Q � Q 'Z 4„ ct�l� S UO irs-A. C-3 cg;L) CA4 S W ro/ LOA a.D.- �� 110 % % % % C6- % At " ` ► CO % Gy i COD % 9pK. % % dlCL4 CO co ro CO L> ill. ................. s E6. L> CP Act to C6 cc> 410 Lo 00 4w 0 e o-%ILL, 2c L> 04ti v - Ca 0 0 Ln �Nr� v z a N(18 ;,311VA iivno ca